question on court summons - council tax

judderman62

Hi all

hope this is in the right forum -if not if a mod could move it that;d be great.

So the house that used to belong to me (my dad's house) was sold 30 March 2009.

I have twice received council tax bills saying I owe some money, twice rung back cleared it up and last time told they may owe me a few quid. This is council tax bill by the way from 01 Apr 2009- 31 mar 2010 - so the house wasn't even mine on 01 April 2009.

so thought no more of it till I got home tomight and have received a COURT SUMMONS for non payment of council tax :mad::mad::mad::wall::wall:

so question is does anyone know if there's any consequences to this ? does it affect my credit score/history ? (think experian/equifax etc here). Does it go on any other sort of records ? any other implications/consequences ?

so, so, so, so angry

will of course speak to the incompetent cretins at council tax office in next day or two

thanks all

J

McKneff

Dont speak to them, look where it got you last time. Always put it in writing and recorded delivery
so you have a paper trail should it end up going to court. They will be the ones with the red faces in the court room.

Blacksheep1979

Whatever you do don't not turn up at court - they'll instantly find against you. Enter a counterclaim and if you do have to attend you should be able to claim costs etc.

peachyprice

No, I don't beleive it does effect your credit, it goes through magistrates court, not county court.

HTH

judderman62

thanks for replies thus far. I have no intention of going to court - take time off work, the embarrassment associated - due to their clerical errors ?? I think not.

judderman62

by the way how does one go about issuing a counter claim ?

thanks

judderman62

OK on calming down a bit and re-reading the letter it looks like I may well have no option but to go to court, though I'm gonna write to them and see what they say.

thanks for replies thus far any more opinions/thoughts/advice much appreciated.

thanks again

J

clutton_2

your best bet is to go to court - take your solicitors documents with you - those showing that you sold the property on 30th march - have you already told the council that you sold the house on this date - if not - how were they expected to know that the property had been sold ?

if you do not turn up, or you do not issue a counter-claim - the judge has no option other than to find you guilty and you will then have a CCJ against your name which will affect your credit rating

judderman62

yes of course I told them else, as you said, how could I expect them to know.

Written a letter to council tax office and also to court and gonna send 'em recorded tomorrow.

clutton_2

You need to decide if you are issuing a Counter-Claim (ie counter claiming against the council for your expenses incurred due to their incompetence - but do remember that all these expenses are at the judges discretion ) or if you are simply Defending the Action by submitting documents to prove that their case is wrong - these "procedures" are how it works on the small claims court - if you are not being summonsed to SCC - then phone the court officials and ask them for "procedural advice" - which they can give - they cannot give you "legal advice"

Can you prove that the council knew you sold the house when it was sold ? Recorded delivery ? Letter delivered by hand with a backup "STatement of Truth" statement from whoever saw you deliver it ? or a receipt from the council for the letter. ?

Dont forget judges will have heard this scenario many many times from folks alleging they have informed the council when they have not - so you need to dot the "i's" and cross th e"t's" here.

good luck

judderman62

think the second one is fine - not looking for expenses - just get it sorted. sadly no I don't have proof